All Comments

Previous observation and previous direct request

Article 2(1) of the Convention. Scope of application and labour inspectorate. The Committee notes, from the Government’s report, that section 95(1) of the Employment Act, 2023, sets the minimum age for access to work or employment at 15 years. It notes the Government’s indication that the Employment Act is applicable to all sectors of the economy. Under section 2(1) of the Employment Act, it is stipulated that “the Act shall apply to all employers and workers in Sierra Leone”. The Committee notes with interest the wide scope of application of the Employment Act, which ensures that children working in all branches of economic activity, including the informal economy, benefit from the protection of the Convention.

The Committee further notes that section 4 of the Employment Act envisages the appointment of a Commission of Labour and Employment, responsible for all matters relating to labour and for the administration, implementation and enforcement of the Act. The Commissioner shall: (1) have the power to enter into a workplace for inspection without previous notice, carry out examinations to ensure that the rights of workers under the Act have not been violated (section 5); and (2) submit to the Minister of Labour and Social Security annual reports on the performance of its functions, policies and programmes (section 8). The Committee further notes, from the Government’s report under the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) that child labour is mainly carried out in the informal economy.

The Committee further notes that the Government does not provide a reply to its previous request with regard to the composition, functions and activities of the Child Labour Unit of the Ministry of Labour and Social Security, mandated to monitor child labour in workplaces. Noting the wide scope of application in section 2(1) of the Employment Act, 2023, the Committee requests the Government to indicate if the Commissioner of Labour and Employment has the mandate to inspect workplaces in the informal economy, as well as the formal economy, as provided for in section 5 of the Act. The Committee also once again requests the Government to provide information on: (i) any progress made concerning the composition and functioning of the Child Labour Unit of the Ministry of Labour and Social Security; and (ii) the child labour inspections carried out and the number and nature of violations detected.

Article 8. Artistic performances. The Committee notes that the Employment Act makes no provision for the regulation of the work of children engaged in artistic performances. It notes that section 24(1) of the draft Employment Regulations, 2023, permits the employment of children in, among other activities: (1) sports activities, trainings and competitions; and (2) showcasing musical, artistic or creative talents in concerts, shows or exhibitions. However, the draft Regulations do not specify that an authorization must be granted by the competent authority on a case-by-case basis, nor does it specify the conditions under which such activities may be undertaken. The Committee once again requests that the Government indicate whether in practice children below 15 years of age participate in artistic performances. If so, the Committee requests the Government to take the necessary measures to ensure that the Regulations: (i) ensure that authorizations to perform in artistic performances for children under the age of 15 years be granted by the competent authority in individual cases; and (ii) limit the number of hours during which and prescribe the conditions under which such activities may be undertaken.

Article 9(1). Penalties. The Committee notes that, under section 95(9) of the Employment Act, a person who employs a child or has a child perform work in breach of the provisions of the Act shall be guilty of an offence. Section 115(1) provides that a person who commits an offence under the Act shall be liable to a fine not less than 5 months national minimum wage, and in the case of a subsequent offence, to a fine of not less than 10 months national minimum wage. The Committee also recalls that section 131 of the Child Rights Act provides that any person who contravenes the provisions of Part VIII of the Act related to the employment of children shall be liable to a fine not exceeding 10 million Sierra Leonean leones (SLL) (equivalent to approximately US$2,320) or to imprisonment for a term not exceeding two years or to both. The Committee once again requests that the Government provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Previous comments: observation and direct request

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee notes the Government’s indication, in its report, that: (1) information on court decisions relating to the application of the Convention is not readily available but that the Government is working on collecting this information; and (2) the most recent statistical data on the application of the Convention dates back to 2011. The Committee also notes that the Multiple Indicator Cluster Survey 6 (MICS 6) 2017 has not been updated. It notes the Government’s request for ILO technical assistance for the collection of statistical data on child labour.

The Committee further notes that the Government does not provide information on the adoption of the Child Labour Action Plan, as mentioned in its previous report, nor does it provide information on the implementation of the National Child Welfare Policy and the National Child Protection Strategy. Recalling the large number of children involved in child labour, including in hazardous work, the Committee requests the Government to take the necessary measures to: (i) prevent and eliminate child labour within the country, including through the adoption of a national policy to this end; and (ii) ensure that sufficient data on children engaged in child labour is made available. In this regard, it requests the Government to provide information on: (i) the adoption of the Child Labour Action Plan; (ii) the measures taken to implement the National Child Welfare Policy and the National Child Protection Strategy; (iii) any other measures taken towards the progressive elimination of child labour; and (iv) the nature, extent and trends of child labour in the country, including in hazardous work and in the informal economy

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of these types of work. The Committee notes the Government’s information on the adoption of the Employment Act, 2023. Recalling that, under the Employers and Employed Act of 1960, children from the age of 16 years were permitted to perform underground work, the Committee notes with satisfaction that the Employment Act: (1) prohibits the work of a child under the age of 18 years in any work that is likely to jeopardize his/her health, safety, physical, mental, moral or social development or to interfere with his/her education (section 95(4)); (2) prohibits the engagement of a child under 18 years of age in underground work (section 95(2)); and (3) explicitly repeals the Employers and Employed Act (section 116).

The Committee further notes the Government’s indication that the draft Employment Regulations, 2023, are in the final stages before adoption. It notes with interest that section 23(2) of the draft Regulations determines the types of hazardous work which are prohibited to children under the age of 18 years, in accordance with section 95(4) of the Employment Act. The Committee notes that this includes, but is not limited to, work within the mining and quarrying industries. The Committee requests the Government to ensure that section 23(3), establishing a list of hazardous types of work prohibited to children under the age of 18 years is retained during the enactment of the Employment Regulations.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that, under section 24(3) of the draft Employment Regulations, 2023, a child may be employed in hazardous types of work, provided the employer ensures the safety, well-being, and protection of the child from exploitation or harm, and that adequate supervision, appropriate working conditions and compliance with child protection guidelines be maintained. The Committee notes that this exemption: (1) does not determine a minimum age; and that (2) while requiring that the safety and health of young persons be ensured, it does not require that they also receive adequate specific vocational training in the relevant branch of activity.

The Committee further notes that section 24(2) of the draft Regulations provides that, the Minister of Labour and Social Security, upon receipt of an application, may authorize, on a case-by-case basis, a child to perform hazardous types of work, provided it is in the framework of an approved vocational training programme, apprenticeship or training institution. In this regard, the Committee recalls that, even in the context of an apprenticeship or vocational training, exemptions permitting young persons under 18 years to perform hazardous types of work should be limited to those who are at least 16 years of age. The Committee therefore requests the Government to ensure that sections 24(2) and (3) of the draft Employment Regulations, 2023, are modified to: (i) set a minimum age of at least 16 years for exemptions to the general prohibition of children under 18 years of age to perform hazardous work, including in vocational training and apprenticeships; and (ii) ensure that, in all cases, they receive adequate specific instruction or vocational training in the relevant branch of activity, in addition to ensuring that their health, safety and morals be fully protected.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes with satisfaction that: (1) section 99 of the Employment Act explicitly sets the minimum age to commence an apprenticeship with a craftsman at 14 years or after completion of basic education; and (2) sections 100 to 103 provide for the conditions under which an apprenticeship may be performed. The Committee requests the Government to provide information on the application in practice of section 99 of the Employment Act, including on the number of violations reported and the penalties imposed.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes with interest that the Employment Act: (1) sets the minimum age for engagement of a child in light work at 13 years (section 96(1)); and (2) defines light work as work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork (section 96(2)). However, the Government also indicates that the legislation does not provide the conditions in which light work may be permitted or the number of hours during which such employment may be undertaken. The Committee also notes that the draft Employment Regulations do not set out a list of light work activities. The Committee requests the Government to take the necessary measures the ensure that the draft Employment Regulations, 2023, include: (i) provisions to ensure the determination of light work activities; (ii) the conditions in which light work may be permitted; and (iii) the number of hours during which such employment of children may be undertaken.

The Committee is raising other matters in a request addressed directly to the Government.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the commitment of the Government to develop an implementation strategy for the National Child Welfare Policy and the National Child Protection Policy. It also requested that Government take the necessary measures to implement the National Child Labour Policy and adopt the National Child Protection Policy and the Child Labour Action Plan.

The Committee notes the information provided by the Government in its report that it has taken measures to develop and implement the National Child Welfare Policy and the National Child Protection Strategy, alongside other measures which include the promotion of positive change and discouragement of harmful customs and traditions. The Committee also notes the information provided by the Government that it is involving civil society, children and youths in the implementation of the National Child Welfare Policy and the National Child Protection Strategy.

The Committee notes the response of the Government that the Child Labour Action Plan has been reviewed but not yet validated nor has it been adopted. The Committee also notes with concern the information provided by the Government that the National Employment Policy and the National Social Protection Policy have had limited impact on the fight against child labour. However, it notes the plans of the Government to establish a Tripartite-Plus Committee on Employment (TCEP) that will guide the work of key stakeholders/sectors involved in the implementation of the National Employment Policy and develop an Action Plan that will translate all the policy recommendations into specific, measurable policy activities and targets expected to be achieved within stipulated time frames. Noting that a strategic policy objective of the National Employment Policy (2020–2024) is the promotion of adherence to relevant international labour standards, including the abolition of child labour, the Committee requests that the Government take the necessary measures to implement the National Employment Policy and adopt the Child Labour Action Plan. It also requests for information from the Government on concrete measures taken to implement the National Child Welfare Policy and the National Child Protection Strategy, as well as to provide information on the operationalisation of the Tripartite-Plus Committee on Employment, and the results achieved in the area of child labour elimination.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the Education Act of 2004 provided for free and compulsory basic education, comprising of six years of primary education and three years of junior secondary education to all its citizens (section 3(1) and (2)). The Committee, however, expressed concern about the discrimination against girls with regards to access to free education. It requested the Government to take steps to reduce discrimination in access to education and increase the school enrolment, attendance and completion rates of children under the age of 15.

The Committee notes the response of the Government that it provides free school feeding and learning materials to ensure high school retention rates and supports the Free Quality Education Policy. The Government also indicates that innovative technology is being employed to access school data including National Examination Results.

The Committee notes that, according to the 2020 report of the UNESCO Institute of Statistics, the gross enrolment ratio of children in pre-primary education increased from 9.3 per cent in 2015 (8.8 per cent male and 9.8 per cent female) to approximately 20 per cent in 2020 (19.8 per cent male and 21.9 per cent female). The Committee also notes that the net enrolment rate in primary education reached 98.1 in 2016, but no data is available for the net enrolment rate in 2020. However, the completion rate to the last grade of primary school stood at 39.91 per cent in 2019. The Committee notes with interest that the percentage of effective transition rate from primary to lower secondary general education stood at 99.3 per cent in 2019. The Committee, therefore, requests that the Government continues in its efforts to increase the school enrolment and attendance rates and reduce the school drop-out rates, both in primary and lower secondary school, to prevent children under the age of 15 years from working. It requests that the Government continue to provide information on the steps taken in this regard.

Labour inspectorate. The Committee previously noted the provisions of sections 132 and 133 of the Child Rights Act which empower a district labour officer to carry out inquiries related to the enforcement of the rights of children and young persons engaged in the formal and informal economy. It requested the Government to take active steps to ensure the effective monitoring of children working in the formal and informal economy and provide information on the functioning of Child Labour Units concerning the child labour inspections carried out and, on the number, and nature of violations detected.

The Committee notes the response of the Government that the Ministry of Labour and Social Security is undergoing transition into a directorate system, which will provide for the Directorate of Labour and Employment and establish a Labour Inspection Unit for the monitoring of workers, including children working in both formal and informal sectors.

The Committee also observes that section 5 (3) of the Labour Bill empowers the commissioner of Labour, authorized labour officers or occupational safety and health officer to inspect both formal and informal workplaces including securing the enforcement of legal provisions relating to terms and conditions of employment and work, discrimination and the protection of employees [including children] while engaged in their work. Noting the information provided by the Government that the capacity of the staff of the Ministry of Labour and Social Security has been built to conduct child labour monitoring, and the staff of the Child Labour Unit of the Ministry will participate in integrated labour inspections, the Committee requests the Government to provide specific information on the child labour inspections carried out and, on the number, and nature of violations detected.It also requests that the Government provide information on any progress made concerning the composition and functioning of the Child Labour Unit of the Ministry of Labour and Social Security.

Article 8. Artistic performance. The Committee previously noted that section 29 of the Child Rights Act provided that no person shall deprive a child (defined as persons under the age of 18 years) of the right to participate in sports or cultural and artistic activities or other leisure activities. Accordingly, the Committee requested that the Government indicates the measures taken to establish a system of individual permits for children below the age of 15 years, who work in artistic performances under Article 8 of the Convention.

The Committee notes the response of the Government that national laws, through the labour bills, would be reviewed to ensure compliance with Article 8 of the Convention. The Committee observes that the Labour Bill makes no provision for the regulation of the work of children engaged in artistic performances. The Committee once again requests that the Government indicate whether in practice children below 15 years of age participate in artistic performances. If so, the Committee reminds the Government of the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the minimum age, who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Such permits shall limit the hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to indicate the measures taken in this regard.

Article 9(1). Penalties. The Committee previously noted that section 131 of the Child Rights Act provided that any person who contravenes the provisions of Part VIII of the Act related to the employment of children shall be liable to a fine not exceeding 10 million Sierra Leonean leones (SLL) (equivalent to approximately US$2,320) or to imprisonment for a term not exceeding two years or to both. Regarding penalties under the Employers and Employed Act, section 86 states that any person who fails to comply with the provisions of this Act shall be deemed to have committed an offence and shall be liable to a fine of 50 pounds (about US$81), or imprisonment with or without hard labour, for six months, or to both such fine and imprisonment.

The Committee notes the absence of information from the Government in this regard. The Committee once again requests that the Government provides information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 2(1). Scope of application. The Committee previously noted that section 125 of the Child Rights Act (2007) sets the minimum age of full-time employment at 15 years in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960 (as amended in 1962), children under the age of 15 years shall not be employed or work in any public or private industrial undertaking, or any branch thereof or on any vessel, other than an undertaking or vessel in which only members of the same family are employed. The Committee requested that the Government takes step to address this discrepancy with respect to the application of the minimum age provisions in the Employers and Employed Act and the Child Rights Act.

The Committee notes the response of the Government, in its report, that the Labour Bill of 2018 harmonises national legislation including the Employers and Employed Act of 1960 (as amended in 1962), the Registration of Employees Ordinance (Cap 213), and the Recruitment of Employees Ordinance (Cap 216). The Committee also observes that the Labour Bill in section 102 prohibits the employment of children below the age of 15 in any industrial undertaking, and section 1 defines an industrial undertaking to include mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are produced or processed, including industries concerned with the generation and transmission of electricity and motive power of any kind; industries concerned with the construction and repair of buildings and installations; and industries concerned with the transport of passengers or goods. However, the Committee notes that section 104(2) of the Labour Bill excludes commerce and agriculture from the definition of industrial undertakings. Noting the prevalence of child labour in Sierra Leone’s informal sector including the commerce and agricultural sectors, the Committee once again requests the Government to take the necessary measures to ensure that children working in all branches of economic activity, including the informal economy, benefit from the protection laid down in the Convention.

Article 3(2). Determination of the types of hazardous work. The Committee previously requested the Government to take necessary measures to ensure that a List of Hazardous Work Prohibited to Children under the age of 18 years is adopted. The Committee notes the Government’s information that the List of Hazardous Work Prohibited to Children under the age of 18 years has been developed, adopted, disseminated and being used by Labour Officials and their partners. Recalling the previous response of the Government that the List of Types of Hazardous Child Labour would be passed by Cabinet as a Statutory Supplementary Instrument, the Committee notes that the copy of the hazardous list, which the Government has provided as a part of its report, is not formatted as a regulation prohibiting hazardous types of work.

The Committee recalls the need for the List of Types of Hazardous Work to be hinged upon national laws or regulations, in consultation with the organizations of employers and workers concerned. The Committee therefore urges the Government to take the necessary measures without delay to ensure that the List of Types of Hazardous Work prohibited to Children under the age of 18 in Sierra Leone will be adopted in the form of a regulation or statutory instrument. The Committee requests that the Government provide information on progress made in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 54(2) of the Employers and Employed Act permits underground work in mines of male persons who have attained the age of 16 years with a medical certificate attesting fitness for such work. It also noted that there were no provisions that establish the requirement to ascertain that young persons between the ages of 16 and 18 years that are engaged in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3(3) of the Convention.

The Committee notes the response of the Government that it will review the Labour Bill to reflect principles enshrined in Article 3(3) of the Convention. The Committee further observes with interest that section 102(2) of the Labour Bill expressly prohibits the employment of children below the age of 18 in underground mines. Noting the conformity of section 102(2) of the Labour Bill with the Convention, the Committee requests the Government to ensure that this provision is retained during the enactment of the Labour Bill.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to section 135 of the Child Rights Act, the minimum age at which a child may commence apprenticeships, including in the informal economy (section 134), shall be 15 years or after completion of basic education, whichever is later. The Committee also noted that, according to section 59 of the Employers and Employed Act, any person of 14 years and above may apprentice himself to any trade or employment. However, according to section 57 of this Act, the father or the guardian of a child above the age of 12 years may, with the consent of that child, apprentice such child to trade or employment in which art or skill is required, or as a domestic worker. The Committee recalled that under Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship.

The Committee notes the response of the Government that the Labour Bill 2018 would address the issue of minimum age for apprenticeship and set the same to at least 14 years. The Committee also observes that section 107 of the Labour Bill sets the minimum age at which a child may commence an apprenticeship with a Craftsman to be 15 years or after completion of basic education. Noting the conformity of section 107 of the Labour Bill with Article 6 of the Convention, the Committee requests that the Government take steps to ensure a minimum age of 14 years for apprenticeship is retained during the enactment.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee previously noted that section 127 of the Child Rights Act determines the minimum age for the engagement of a child in light work as 13 years and defines light work as work that is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. However, the Committee also noted that section 51 of the Employers and Employed Act provides for an exception to children under the age of 12 years to be employed by a member of the family of such a child to engage in light work of an agricultural, horticultural or domestic character and which has been approved by the competent authority. The Committee recalled that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

The Committee notes the response of the Government that the Labour Bill will address the issues raised with respect to the age for admission to light work and determination of light work in Sierra Leone. The Committee observes that section 103(1) of the Labour Bill sets the minimum age for the engagement of a child in light work at 13 years. The Committee also notes that the Bill, in section 104, reiterates the position of the Child Rights Act and defines light work to mean any work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. Noting the conformity of the provisions of the Labour Bill with respect to the minimum age for admission to light work, the Committee, therefore, requests the Government to take the necessary measures to ensure that these provisions are retained during the enactment of the Labour Bill. It also requests the Government to take the necessary measures to determine light work activities as well as the conditions in which light work may be permitted and the number of hours during which such employment of children may be undertaken, ensuring that children have sufficient leisure time and do not miss school.

Application of the Convention in practice. The Committee previously expressed its deep concern at the large number of children involved in child labour and hazardous work. It urged the Government to pursue efforts to prevent and eliminate child labour in Sierra Leone. It also requested the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

The Committee notes the response of the Government that it is pursuing efforts through the review of existing legislation and conduct of inspections and ensuring collaborative partnerships between its ministries, departments and agencies to make sure that child labour is prevented and eliminated. The Committee also notes the plan of the Government to establish a labour market information system (LMIS) that would provide information to support the fight against child labour.

The Committee observes that the response of the Government does not provide current statistical data on the employment of children and young persons. However, an analysis of child economic activity and school attendance statistics from Sierra Leone’s national household or child labour surveys, specifically, data from the Multiple Indicator Cluster Survey 6 (MICS 6), 2017, puts the percentage of children aged between 4–15, who are only working (without attending school) at 32 per cent. The Committee also notes that the Government did not publish any data on child labour in 2020, and thus there is limited information on the impact of COVID-19 on the campaign against child labour in Sierra Leone.

The Committee again expresses its deep concern at the large number of children involved in child labour and in hazardous work. It urges the Government to continue to take the necessary measures to prevent and eliminate child labour within the country. It also requests the Government to provide information relating to the application of the Convention in Sierra Leone, including statistical data on the employment of children and young persons below the age of 15.

The Committee expresses the hope that the Government will take into consideration the Committee’s comments while revising the Labour Bill. It further expresses the firm hope that the revised Bill will be adopted in the near future. The Committee invites the Government to avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that, within the framework of the Global Action Programme on Child Labour Issues (GAP-11) 2011–15 (ILO–IPEC), two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were held in 2013, of which a direct result is the draft of a Child Labour Action Plan. The Committee also noted that a National Employment Policy and a National Social Protection Policy had been developed and validated and were awaiting approval by the Cabinet.

The Committee notes that the National Employment Policy and Strategy and the implementation plan for 2015–18 have been launched in 2016. However, the National Social Protection Plan is still awaiting the cabinet approval. The Committee also notes that, according to the written replies of the Government to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child of September 2016 (CRC, CRC/C/SLE/Q3-5/Add.1, paragraph 1), a National Child Welfare Policy has been developed in 2014, which established a more comprehensive system to support families and communities in promoting the rights and protection of children. The Government is also committed to developing an implementation strategy for this policy and the National Child Protection Policy itself in 2017. In this regard, the Committee requests that the Government take the necessary measures to implement the National Child Welfare Policy and adopt the National Child Protection Policy, as well as to provide information on the results achieved. The Committee also requests that the Government indicate the progress made with regard to the adoption of the Child Labour Action Plan, and to provide information on the impact of the National Employment Policy and the National Social Protection Policy in eliminating child labour in the country.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the Education Act of 2004 provided for free and compulsory basic education, comprising of six years of primary education and three years of junior secondary education to all its citizens (section 3(1) and (2)). However, the Committee noted that, according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), only 73.6 per cent of children 5–14 years of age are attending school. The Committee also expressed its concern at the discrimination against girls with regard to access to education.

The Committee notes that, according to the UNESCO Institute for Statistics, in 2015, the net enrolment rate in primary education reached 99.21 per cent. However, the net enrolment rate in lower secondary school was only 30.29 per cent, lower than that in 2013 (40.10 per cent). Moreover, in 2013, the completion rate in primary education was 66.62 per cent, while that in lower secondary education was only 40.38 per cent, with a higher percentage among boys (50.01 per cent) than girls (32.76 per cent). Considering that compulsory education is one of the effective means of combating child labour, the Committee once again requests that the Government take steps to increase the school enrolment and attendance rates and reduce the school drop-out rates, especially in lower secondary school, in order to prevent children under the age of 15 years from working. It requests that the Government provide information on the steps taken in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that, pursuant to section 135 of the Child Rights Act, the minimum age at which a child may commence apprenticeships, including in the informal economy (section 134), shall be 15 years or after completion of basic education, whichever is later. The Committee also noted that, according to section 59 of the Employers and Employed Act, any person of 14 years and above may apprentice himself to any trade or employment. However, according to section 57 of this Act, the father or the guardian of a child above the age of 12 years may, with the consent of that child, apprentice such child to trade or employment in which art or skill is required, or as a domestic worker. The Committee recalled that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship.

The Committee notes the absence of information in this regard. The Committee therefore once again requests that the Government take the necessary measures to bring the relevant provisions of the Employers and Employed Act into line with Article 6 of the Convention in order to ensure that no child under the age of 14 years undertakes an apprenticeship programme.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee previously noted that, section 127 of the Child Rights Act determines the minimum age for the engagement of a child in light work as 13 years, and defines light work as work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school work. However, the Committee also noted that section 51 of the Employers and Employed Act provides for an exception to children under the age of 12 years to be employed by a member of the family of such a child to engage in light work of an agricultural, horticultural or domestic character and which has been approved by the competent authority. This section further provides that a child shall not be employed before 6 a.m. and after 8 p.m. and, on any day, not for more than two hours a day and shall not be required to lift, carry or move anything so heavy as to be likely to cause injury to him. The Committee recalled that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

The Committee notes the absence of information on this point. The Committee therefore once again requests that the Government take the necessary steps to bring the relevant provisions of the Employers and Employed Act into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years.

Article 8. Artistic performance. The Committee previously noted that according to the Government’s report, Sierra Leone had not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, section 29 of the Child Rights Act provided that no person shall deprive a child (defined as persons under the age of 18 years) of the right to participate in sports or in cultural and artistic activities or other leisure activities.

The Committee notes the absence of information in this regard. The Committee once again requests that the Government indicate whether in practice children below 15 years of age participate in artistic performances. If so, the Committee reminds the Government of the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the minimum age, who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Such permits shall limit the hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to indicate the measures taken in this regard.

Article 9(1). Penalties. The Committee previously noted that section 131 of the Child Rights Act provided that any person who contravenes the provisions of Part VIII of the Act related to the employment of children shall be liable to a fine not exceeding 10 million Sierra Leonean leones (SLL) (equivalent to approximately US$2,320) or to imprisonment for a term not exceeding two years or to both. With regard to penalties under the Employers and Employed Act, section 86 stated that any person who fails to comply with the provisions of this Act shall be deemed to have committed an offence and shall be liable to a fine of 50 pounds (about US$81), or to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment.

The Committee notes the absence of information in this regard. The Committee requests that the Government provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application. The Committee previously noted that, according to section 129 of the Child Rights Act of 2007 (Child Rights Act), the provisions related to the employment of children apply to employment in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960, children under the age of 15 years shall not be employed or work in any public or private industrial undertaking, or in any branch thereof or on any vessel, other than an undertaking or vessel in which only members of the same family are employed.

The Committee notes the absence of information in the Government’s report in this regard. Noting the discrepancies on the application of the minimum age provisions, the Committee once again requests the Government to take the necessary measures to harmonize the provisions of the Employers and Employed Act with the Child Rights Act, so as to ensure that children working in all branches of economic activity, including family undertakings, also benefit from the protection laid down in the Convention.

Article 3(2). Determination of the types of hazardous work. The Committee previously noted that, according to section 128(3) of the Child Rights Act, hazardous types of work prohibited to children under 18 years of age include: going to sea; mining and quarrying; porterage of heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. It also noted that section 126 of the Child Rights Act and section 48 of the Employers and Employed Act prohibit night work of persons under the age of 18 years. The Committee further noted the Government’s indication that the Ministry of Labour and Social Security (MLSS) had developed a list of types of hazardous work prohibited to children under 18 years of age after consultations with the social partners, child protection agencies and civil society organizations. This list of hazardous types of work had been validated and was awaiting Cabinet approval as a Statutory Supplementary Instrument.

The Committee notes the Government’s information in its report that the list of hazardous types of work is still awaiting Cabinet approval. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 54(2) of the Employers and Employed Act permits underground work in mines of male persons who have attained the age of 16 years with a medical certificate attesting fitness for such work. However, there appear to be no provisions which establish the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee notes the absence of information on this point. The Committee once again reminds the Government that according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years, on condition that the young persons receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government take the necessary measures to ensure compliance with the conditions set out in Article 3(3) of the Convention.

Labour inspectorate. The Committee previously noted that according to the provisions of section 132 of the Child Rights Act, a district labour officer shall carry out an inquiry he may consider necessary in order to satisfy himself that the provisions of Part VIII of the Act dealing with the employment of children and young persons in the formal economy are being strictly observed. For the purposes of this section, any person may be interrogated by the district labour officer. Furthermore, if a district labour officer is reasonably satisfied that the provisions of this Part are not being complied with, they shall report the matter to the police who shall investigate the matter and take the appropriate steps to prosecute the offender. The Committee also noted that similar provisions are laid down under section 133 of the Child Rights Act with regard to the enforcement of the provisions related to the employment of children in the informal economy by the District Council. The Committee also noted the Government’s information that the Child Labour Unit established within the MLSS was also mandated to monitor child labour in workplaces. The Government’s report further indicated that the inspections carried out in the formal sector revealed the non-existence of child labour; however, only limited inspections were carried out in the informal economy and therefore no relevant data on child labour in this sector was available. Moreover, the Government stated in its report that the labour inspectors, investigators and other key enforcement agencies were still operating on old legislation and that they lacked proper training on child labour monitoring.

The Committee notes that, in its comments of 2013 under the Labour Inspection Convention, 1947 (No. 81), the Committee had noted that the labour inspectorate in Sierra Leone was practically inoperative. The Committee therefore once again requests that the Government take the necessary measures to strengthen the functioning of the labour inspectorate to ensure the effective monitoring of children working in the formal and informal economy. The Committee also once again requests the Government to provide information on the functioning of the Child Labour Units with regard to the child labour inspections carried out and on the number and nature of violations detected.

Application of the Convention in practice. The Committee previously noted that the data released by the ILO on 12 June 2008 indicated that more than half of all the children between the ages of 7 and 14 years were child labourers. While noting the measures taken by the Government, the Committee expressed its concern at the high number of children below the legal minimum age who were engaged in child labour in Sierra Leone. The Committee also noted from the project report of the ILO–IPEC project entitled “Tackle Child Labour through Education” (TACKLE project) that the TACKLE project and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) conducted a National Child Labour Survey in 2010–11 in Sierra Leone, the report of which had not yet been published.

The Committee notes that the Government provided results of the National Child Labour Survey 2011 in its written replies to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child (CRC) of September 2016 (CRC/C/SLE/Q/3-5/Add.1, Annex II), according to which, 45.9 per cent of children aged 5–17 year of age were involved in child labour. Particularly, 31 per cent of children between 5 and 14 years of age were engaged in child labour, while 22 per cent of children between 5 and 17 years of age were involved in hazardous work. The Committee further notes that, according to the State of the World’s Children 2014 (UNICEF), more than a quarter (26 per cent) of children aged 5–17 years were involved in hazardous work. The Committee expresses its deep concern at the large number of children involved in child labour and hazardous work. It urges the Government to pursue its efforts to prevent and eliminate child labour within the country. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that, within the framework of the Global Action Programme on Child Labour Issues (GAP-11) 2011–15 (ILO–IPEC), two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were held in 2013, of which a direct result is the draft of a Child Labour Action Plan. The Committee also noted that a National Employment Policy and a National Social Protection Policy had been developed and validated and were awaiting approval by the Cabinet.

The Committee notes that the National Employment Policy and Strategy and the implementation plan for 2015–18 have been launched in 2016. However, the National Social Protection Plan is still awaiting the cabinet approval. The Committee also notes that, according to the written replies of the Government to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child of September 2016 (CRC, CRC/C/SLE/ Q3-5/Add.1, paragraph 1), a National Child Welfare Policy has been developed in 2014, which established a more comprehensive system to support families and communities in promoting the rights and protection of children. The Government is also committed to developing an implementation strategy for this policy and the National Child Protection Policy itself in 2017. In this regard, the Committee requests that the Government take the necessary measures to implement the National Child Welfare Policy and adopt the National Child Protection Policy, as well as to provide information on the results achieved. The Committee also requests that the Government indicate the progress made with regard to the adoption of the Child Labour Action Plan, and to provide information on the impact of the National Employment Policy and the National Social Protection Policy in eliminating child labour in the country.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the Education Act of 2004 provided for free and compulsory basic education, comprising of six years of primary education and three years of junior secondary education to all its citizens (section 3(1) and (2)). However, the Committee noted that, according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), only 73.6 per cent of children 5–14 years of age are attending school. The Committee also expressed its concern at the discrimination against girls with regard to access to education.

The Committee notes that, according to the UNESCO Institute for Statistics, in 2015, the net enrolment rate in primary education reached 99.21 per cent. However, the net enrolment rate in lower secondary school was only 30.29 per cent, lower than that in 2013 (40.10 per cent). Moreover, in 2013, the completion rate in primary education was 66.62 per cent, while that in lower secondary education was only 40.38 per cent, with a higher percentage among boys (50.01 per cent) than girls (32.76 per cent). Considering that compulsory education is one of the effective means of combating child labour, the Committee once again requests that the Government take steps to increase the school enrolment and attendance rates and reduce the school drop-out rates, especially in lower secondary school, in order to prevent children under the age of 15 years from working. It requests that the Government provide information on the steps taken in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that, pursuant to section 135 of the Child Rights Act, the minimum age at which a child may commence apprenticeships, including in the informal economy (section 134), shall be 15 years or after completion of basic education, whichever is later. The Committee also noted that, according to section 59 of the Employers and Employed Act, any person of 14 years and above may apprentice himself to any trade or employment. However, according to section 57 of this Act, the father or the guardian of a child above the age of 12 years may, with the consent of that child, apprentice such child to trade or employment in which art or skill is required, or as a domestic worker. The Committee recalled that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship.

The Committee notes the absence of information in this regard. The Committee therefore once again requests that the Government take the necessary measures to bring the relevant provisions of the Employers and Employed Act into line with Article 6 of the Convention in order to ensure that no child under the age of 14 years undertakes an apprenticeship programme.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee previously noted that, section 127 of the Child Rights Act determines the minimum age for the engagement of a child in light work as 13 years, and defines light work as work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school work. However, the Committee also noted that section 51 of the Employers and Employed Act provides for an exception to children under the age of 12 years to be employed by a member of the family of such a child to engage in light work of an agricultural, horticultural or domestic character and which has been approved by the competent authority. This section further provides that a child shall not be employed before 6 a.m. and after 8 p.m. and, on any day, not for more than two hours a day and shall not be required to lift, carry or move anything so heavy as to be likely to cause injury to him. The Committee recalled that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

The Committee notes the absence of information on this point. The Committee therefore once again requests that the Government take the necessary steps to bring the relevant provisions of the Employers and Employed Act into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years.

Article 8. Artistic performance. The Committee previously noted that according to the Government’s report, Sierra Leone had not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, section 29 of the Child Rights Act provided that no person shall deprive a child (defined as persons under the age of 18 years) of the right to participate in sports or in cultural and artistic activities or other leisure activities.

The Committee notes the absence of information in this regard. The Committee once again requests that the Government indicate whether in practice children below 15 years of age participate in artistic performances. If so, the Committee reminds the Government of the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the minimum age, who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Such permits shall limit the hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to indicate the measures taken in this regard.

Article 9(1). Penalties. The Committee previously noted that section 131 of the Child Rights Act provided that any person who contravenes the provisions of Part VIII of the Act related to the employment of children shall be liable to a fine not exceeding 10 million Sierra Leonean leones (SLL) (equivalent to approximately US$2,320) or to imprisonment for a term not exceeding two years or to both. With regard to penalties under the Employers and Employed Act, section 86 stated that any person who fails to comply with the provisions of this Act shall be deemed to have committed an offence and shall be liable to a fine of 50 pounds (about US$81), or to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment.

The Committee notes the absence of information in this regard. The Committee requests that the Government provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application. The Committee previously noted that, according to section 129 of the Child Rights Act of 2007 (Child Rights Act), the provisions related to the employment of children apply to employment in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960, children under the age of 15 years shall not be employed or work in any public or private industrial undertaking, or in any branch thereof or on any vessel, other than an undertaking or vessel in which only members of the same family are employed.

The Committee notes the absence of information in the Government’s report in this regard. Noting the discrepancies on the application of the minimum age provisions, the Committee once again requests the Government to take the necessary measures to harmonize the provisions of the Employers and Employed Act with the Child Rights Act, so as to ensure that children working in all branches of economic activity, including family undertakings, also benefit from the protection laid down in the Convention.

Article 3(2). Determination of the types of hazardous work. The Committee previously noted that, according to section 128(3) of the Child Rights Act, hazardous types of work prohibited to children under 18 years of age include: going to sea; mining and quarrying; porterage of heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. It also noted that section 126 of the Child Rights Act and section 48 of the Employers and Employed Act prohibit night work of persons under the age of 18 years. The Committee further noted the Government’s indication that the Ministry of Labour and Social Security (MLSS) had developed a list of types of hazardous work prohibited to children under 18 years of age after consultations with the social partners, child protection agencies and civil society organizations. This list of hazardous types of work had been validated and was awaiting Cabinet approval as a Statutory Supplementary Instrument.

The Committee notes the Government’s information in its report that the list of hazardous types of work is still awaiting Cabinet approval. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 54(2) of the Employers and Employed Act permits underground work in mines of male persons who have attained the age of 16 years with a medical certificate attesting fitness for such work. However, there appear to be no provisions which establish the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee notes the absence of information on this point. The Committee once again reminds the Government that according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years, on condition that the young persons receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government take the necessary measures to ensure compliance with the conditions set out in Article 3(3) of the Convention.

Labour inspectorate. The Committee previously noted that according to the provisions of section 132 of the Child Rights Act, a district labour officer shall carry out an inquiry he may consider necessary in order to satisfy himself that the provisions of Part VIII of the Act dealing with the employment of children and young persons in the formal economy are being strictly observed. For the purposes of this section, any person may be interrogated by the district labour officer. Furthermore, if a district labour officer is reasonably satisfied that the provisions of this Part are not being complied with, they shall report the matter to the police who shall investigate the matter and take the appropriate steps to prosecute the offender. The Committee also noted that similar provisions are laid down under section 133 of the Child Rights Act with regard to the enforcement of the provisions related to the employment of children in the informal economy by the District Council. The Committee also noted the Government’s information that the Child Labour Unit established within the MLSS was also mandated to monitor child labour in workplaces. The Government’s report further indicated that the inspections carried out in the formal sector revealed the non-existence of child labour; however, only limited inspections were carried out in the informal economy and therefore no relevant data on child labour in this sector was available. Moreover, the Government stated in its report that the labour inspectors, investigators and other key enforcement agencies were still operating on old legislation and that they lacked proper training on child labour monitoring.

The Committee notes that, in its comments of 2013 under the Labour Inspection Convention, 1947 (No. 81), the Committee had noted that the labour inspectorate in Sierra Leone was practically inoperative. The Committee therefore once again requests that the Government take the necessary measures to strengthen the functioning of the labour inspectorate to ensure the effective monitoring of children working in the formal and informal economy. The Committee also once again requests the Government to provide information on the functioning of the Child Labour Units with regard to the child labour inspections carried out and on the number and nature of violations detected.

Application of the Convention in practice. The Committee previously noted that the data released by the ILO on 12 June 2008 indicated that more than half of all the children between the ages of 7 and 14 years were child labourers. While noting the measures taken by the Government, the Committee expressed its concern at the high number of children below the legal minimum age who were engaged in child labour in Sierra Leone. The Committee also noted from the project report of the ILO–IPEC project entitled “Tackle Child Labour through Education” (TACKLE project) that the TACKLE project and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) conducted a National Child Labour Survey in 2010–11 in Sierra Leone, the report of which had not yet been published.

The Committee notes that the Government provided results of the National Child Labour Survey 2011 in its written replies to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child (CRC) of September 2016 (CRC/C/SLE/Q/3-5/Add.1, Annex II), according to which, 45.9 per cent of children aged 5–17 year of age were involved in child labour. Particularly, 31 per cent of children between 5 and 14 years of age were engaged in child labour, while 22 per cent of children between 5 and 17 years of age were involved in hazardous work. The Committee further notes that, according to the State of the World’s Children 2014 (UNICEF), more than a quarter (26 per cent) of children aged 5–17 years were involved in hazardous work. The Committee expresses its deep concern at the large number of children involved in child labour and hazardous work. It urges the Government to pursue its efforts to prevent and eliminate child labour within the country. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that, within the framework of the Global Action Programme on Child Labour Issues (GAP-11) 2011–15 (ILO–IPEC), two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were held in 2013, of which a direct result is the draft of a Child Labour Action Plan. The Committee also noted that a National Employment Policy and a National Social Protection Policy had been developed and validated and were awaiting approval by the Cabinet.

The Committee notes that the National Employment Policy and Strategy and the implementation plan for 2015–18 have been launched in 2016. However, the National Social Protection Plan is still awaiting the cabinet approval. The Committee also notes that, according to the written replies of the Government to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child of September 2016 (CRC, CRC/C/SLE/ Q3-5/Add.1, paragraph 1), a National Child Welfare Policy has been developed in 2014, which established a more comprehensive system to support families and communities in promoting the rights and protection of children. The Government is also committed to developing an implementation strategy for this policy and the National Child Protection Policy itself in 2017. In this regard, the Committee requests that the Government take the necessary measures to implement the National Child Welfare Policy and adopt the National Child Protection Policy, as well as to provide information on the results achieved. The Committee also requests that the Government indicate the progress made with regard to the adoption of the Child Labour Action Plan, and to provide information on the impact of the National Employment Policy and the National Social Protection Policy in eliminating child labour in the country.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the Education Act of 2004 provided for free and compulsory basic education, comprising of six years of primary education and three years of junior secondary education to all its citizens (section 3(1) and (2)). However, the Committee noted that, according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), only 73.6 per cent of children 5–14 years of age are attending school. The Committee also expressed its concern at the discrimination against girls with regard to access to education.

The Committee notes that, according to the UNESCO Institute for Statistics, in 2015, the net enrolment rate in primary education reached 99.21 per cent. However, the net enrolment rate in lower secondary school was only 30.29 per cent, lower than that in 2013 (40.10 per cent). Moreover, in 2013, the completion rate in primary education was 66.62 per cent, while that in lower secondary education was only 40.38 per cent, with a higher percentage among boys (50.01 per cent) than girls (32.76 per cent). Considering that compulsory education is one of the effective means of combating child labour, the Committee once again requests that the Government take steps to increase the school enrolment and attendance rates and reduce the school drop-out rates, especially in lower secondary school, in order to prevent children under the age of 15 years from working. It requests that the Government provide information on the steps taken in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that, pursuant to section 135 of the Child Rights Act, the minimum age at which a child may commence apprenticeships, including in the informal economy (section 134), shall be 15 years or after completion of basic education, whichever is later. The Committee also noted that, according to section 59 of the Employers and Employed Act, any person of 14 years and above may apprentice himself to any trade or employment. However, according to section 57 of this Act, the father or the guardian of a child above the age of 12 years may, with the consent of that child, apprentice such child to trade or employment in which art or skill is required, or as a domestic worker. The Committee recalled that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship.

The Committee notes the absence of information in this regard. The Committee therefore once again requests that the Government take the necessary measures to bring the relevant provisions of the Employers and Employed Act into line with Article 6 of the Convention in order to ensure that no child under the age of 14 years undertakes an apprenticeship programme.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee previously noted that, section 127 of the Child Rights Act determines the minimum age for the engagement of a child in light work as 13 years, and defines light work as work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school work. However, the Committee also noted that section 51 of the Employers and Employed Act provides for an exception to children under the age of 12 years to be employed by a member of the family of such a child to engage in light work of an agricultural, horticultural or domestic character and which has been approved by the competent authority. This section further provides that a child shall not be employed before 6 a.m. and after 8 p.m. and, on any day, not for more than two hours a day and shall not be required to lift, carry or move anything so heavy as to be likely to cause injury to him. The Committee recalled that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

The Committee notes the absence of information on this point. The Committee therefore once again requests that the Government take the necessary steps to bring the relevant provisions of the Employers and Employed Act into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years.

Article 8. Artistic performance. The Committee previously noted that according to the Government’s report, Sierra Leone had not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, section 29 of the Child Rights Act provided that no person shall deprive a child (defined as persons under the age of 18 years) of the right to participate in sports or in cultural and artistic activities or other leisure activities.

The Committee notes the absence of information in this regard. The Committee once again requests that the Government indicate whether in practice children below 15 years of age participate in artistic performances. If so, the Committee reminds the Government of the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the minimum age, who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Such permits shall limit the hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to indicate the measures taken in this regard.

Article 9(1). Penalties. The Committee previously noted that section 131 of the Child Rights Act provided that any person who contravenes the provisions of Part VIII of the Act related to the employment of children shall be liable to a fine not exceeding 10 million Sierra Leonean leones (SLL) (equivalent to approximately US$2,320) or to imprisonment for a term not exceeding two years or to both. With regard to penalties under the Employers and Employed Act, section 86 stated that any person who fails to comply with the provisions of this Act shall be deemed to have committed an offence and shall be liable to a fine of 50 pounds (about US$81), or to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment.

The Committee notes the absence of information in this regard. The Committee requests that the Government provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that, according to section 129 of the Child Rights Act of 2007 (Child Rights Act), the provisions related to the employment of children apply to employment in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960, children under the age of 15 years shall not be employed or work in any public or private industrial undertaking, or in any branch thereof or on any vessel, other than an undertaking or vessel in which only members of the same family are employed.

The Committee notes the absence of information in the Government’s report in this regard. Noting the discrepancies on the application of the minimum age provisions, the Committee once again requests the Government to take the necessary measures to harmonize the provisions of the Employers and Employed Act with the Child Rights Act, so as to ensure that children working in all branches of economic activity, including family undertakings, also benefit from the protection laid down in the Convention.

Article 3(2). Determination of the types of hazardous work. The Committee previously noted that, according to section 128(3) of the Child Rights Act, hazardous types of work prohibited to children under 18 years of age include: going to sea; mining and quarrying; porterage of heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. It also noted that section 126 of the Child Rights Act and section 48 of the Employers and Employed Act prohibit night work of persons under the age of 18 years. The Committee further noted the Government’s indication that the Ministry of Labour and Social Security (MLSS) had developed a list of types of hazardous work prohibited to children under 18 years of age after consultations with the social partners, child protection agencies and civil society organizations. This list of hazardous types of work had been validated and was awaiting Cabinet approval as a Statutory Supplementary Instrument.

The Committee notes the Government’s information in its report that the list of hazardous types of work is still awaiting Cabinet approval. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 54(2) of the Employers and Employed Act permits underground work in mines of male persons who have attained the age of 16 years with a medical certificate attesting fitness for such work. However, there appear to be no provisions which establish the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention.

The Committee notes the absence of information on this point. The Committee once again reminds the Government that according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years, on condition that the young persons receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government take the necessary measures to ensure compliance with the conditions set out in Article 3(3) of the Convention.

Labour inspectorate. The Committee previously noted that according to the provisions of section 132 of the Child Rights Act, a district labour officer shall carry out an inquiry he may consider necessary in order to satisfy himself that the provisions of Part VIII of the Act dealing with the employment of children and young persons in the formal economy are being strictly observed. For the purposes of this section, any person may be interrogated by the district labour officer. Furthermore, if a district labour officer is reasonably satisfied that the provisions of this Part are not being complied with, they shall report the matter to the police who shall investigate the matter and take the appropriate steps to prosecute the offender. The Committee also noted that similar provisions are laid down under section 133 of the Child Rights Act with regard to the enforcement of the provisions related to the employment of children in the informal economy by the District Council. The Committee also noted the Government’s information that the Child Labour Unit established within the MLSS was also mandated to monitor child labour in workplaces. The Government’s report further indicated that the inspections carried out in the formal sector revealed the non-existence of child labour; however, only limited inspections were carried out in the informal economy and therefore no relevant data on child labour in this sector was available. Moreover, the Government stated in its report that the labour inspectors, investigators and other key enforcement agencies were still operating on old legislation and that they lacked proper training on child labour monitoring.

The Committee notes that, in its comments of 2013 under the Labour Inspection Convention, 1947 (No. 81), the Committee had noted that the labour inspectorate in Sierra Leone was practically inoperative. The Committee therefore once again requests that the Government take the necessary measures to strengthen the functioning of the labour inspectorate to ensure the effective monitoring of children working in the formal and informal economy. The Committee also once again requests the Government to provide information on the functioning of the Child Labour Units with regard to the child labour inspections carried out and on the number and nature of violations detected.

Application of the Convention in practice. The Committee previously noted that the data released by the ILO on 12 June 2008 indicated that more than half of all the children between the ages of 7 and 14 years were child labourers. While noting the measures taken by the Government, the Committee expressed its concern at the high number of children below the legal minimum age who were engaged in child labour in Sierra Leone. The Committee also noted from the project report of the ILO–IPEC project entitled “Tackle Child Labour through Education” (TACKLE project) that the TACKLE project and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) conducted a National Child Labour Survey in 2010–11 in Sierra Leone, the report of which had not yet been published.

The Committee notes that the Government provided results of the National Child Labour Survey 2011 in its written replies to the list of issues in relation to the combined third to fifth periodic reports to the Committee on the Rights of the Child (CRC) of September 2016 (CRC/C/SLE/Q/3-5/Add.1, Annex II), according to which, 45.9 per cent of children aged 5–17 year of age were involved in child labour. Particularly, 31 per cent of children between 5 and 14 years of age were engaged in child labour, while 22 per cent of children between 5 and 17 years of age were involved in hazardous work. The Committee further notes that, according to the State of the World’s Children 2014 (UNICEF), more than a quarter (26 per cent) of children aged 5–17 years were involved in hazardous work. The Committee expresses its deep concern at the large number of children involved in child labour and hazardous work. It urges the Government to pursue its efforts to prevent and eliminate child labour within the country. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons.

The Committee is raising other points in a request addressed directly to the Government.

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that Sierra Leone was a participating country within the ILO–IPEC TACKLE project 2008–13, aimed at providing equitable access to basic education and skills development to the most disadvantaged section of society. It also notes that, according to the ILO–TACKLE project country overview report, within the framework of this project, a total of 1,700 children were withdrawn/prevented from child labour and provided with educational support, while 600 families were provided with income-generating activities. Furthermore, a child labour National Technical Steering Committee (NTSC) was established and a Child Labour Unit was created within the Ministry of Labour and Social Security (MLSS) to formulate, implement and coordinate child labour strategies.

In addition, ILO–IPEC has also been implementing the Global Action Programme on Child Labour Issues (GAP-11) 2011–15, within which two regional workshops on capacity building of labour inspectors and other key partners on child labour monitoring were conducted in Freetown in April 2013 and in the eastern region in Kenema in September 2013. As a direct result of the training of labour inspectors, a Child Labour Action Plan was developed.

The Committee also notes the Government’s information that a National Employment Policy and a National Social Protection Policy have been developed and validated and are awaiting approval by the Cabinet. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 2008, expressed concern at the continuing existence of child labour, including hawking/peddling, domestic labour and the widespread use of children for purposes of manual labour in mining areas (CRC/C/SLE/CO/2, paragraph 68). The Committee also notes that the data released by the ILO on 12 June 2008 indicated that more than half of all the children between the ages of 7 and 14 years are child labourers. While noting the measures taken by the Government, the Committee expresses its concern at the high number of children below the legal minimum age who are engaged in child labour in Sierra Leone. In this regard, the Committee requests the Government to strengthen its efforts to prevent and eliminate child labour within the country, including through measures implemented in collaboration with ILO–IPEC. It also requests the Government to take the necessary measures to adopt and implement, without delay, the Child Labour Action Plan and to provide information on the results achieved. The Committee finally requests the Government to provide information on the impact of the National Employment Policy and the National Social Protection Policy in eliminating child labour in the country.

Article 2(1). 1. Scope of application. The Committee notes that, according to section 129 of the Child Rights Act of 2007 (Child Rights Act), the provisions related to the employment of children apply to employment in the formal and informal economies. However, according to sections 52 and 53 of the Employers and Employed Act of 1960, children under the age of 15 years shall not be employed or work in any public or private industrial undertaking or in any branch thereof or on any vessel, other than an undertaking or vessel in which only members of the same family are employed. Noting the discrepancies on the application of the minimum age provisions, the Committee requests the Government to take the necessary measures to harmonize the provisions of the Employers and Employed Act with the Child Rights Act so as to ensure that children working in all branches of economic activity, including family undertakings, also benefit from the protection laid down under the Convention.

2. Minimum age for admission to employment or work. In ratifying the Convention, Sierra Leone specified a minimum age of 15 years for admission to employment or work within its territory. The Committee notes that as per section 125 of the Child Rights Act, 15 years is the minimum age for the engagement of a child in full-time employment.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 3 of the Education Act of 2004, the six years of primary education and three years of junior secondary education shall constitute formal basic education which shall be free and compulsory. Section 2(3) of the Education Act further indicates that the age of entry into primary school shall be 6 years. In this regard, the Committee observes that the compulsory education shall be completed at the age of 15 years which is also the minimum age for admission to employment. Furthermore, section 125 of the Child Rights Act stipulates that 15 years shall be the age at which the compulsory education of a child shall end.

The Committee notes, however, that according to the survey tables provided by the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW), of the total child population of 1,684,964 children between the ages of 5–14 years, only 73.6 per cent of children are attending school. The Committee also notes that the CRC, in its concluding observations of 2008, expressed concern at the low enrolment rates, especially of girls (CRC/C/SLE/CO/2, paragraph 64). Considering that compulsory education is one of the effective means of combating child labour, the Committee requests the Government to take steps to increase the school enrolment and attendance rates and reduce the school drop-out rate, especially among girls, in order to prevent children under the age of 15 years from working. It requests the Government to provide information on the measures taken in this regard.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that by virtue of section 128 of the Child Rights Act, the minimum age for engagement of a person in hazardous work, which poses a danger to the health, safety or morals of a person, is 18 years.

Article 3(2). Determination of hazardous work. The Committee notes that according to section 128(3) of the Child Rights Act, hazardous types of work prohibited to children under 18 years of age include: going to sea; mining and quarrying; porterage of heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. It also notes that section 126 of the Child Rights Act and section 48 of the Employers and Employed Act prohibits night work of persons under the age of 18 years. Furthermore, as per section 55 of the Employers and Employed Act, young persons under the age of 18 years shall not be employed or work in vessels as trimmers or stokers.

The Committee further notes the Government’s indication that the Ministry of Labour and Social Security has developed a list of types of hazardous work prohibited to children under 18 years of age after consultations with the social partners, child protection agencies and civil society organizations. This list of hazardous types work has been validated and is currently awaiting Cabinet approval as a Statutory Supplementary Instrument. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that section 54(2) of the Employers and Employed Act permits underground work in mines of male persons who have attained the age of 16 years which shall be conditional on the production of a medical certificate attesting fitness for such work. However, there appear to be no provisions which establish the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous work have received adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3(3) of the Convention. The Committee reminds the Government that according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary measures to ensure compliance with the conditions set out in Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes that, pursuant to section 135 of the Child Rights Act, the minimum age at which a child may commence apprenticeships, including in the informal economy (section 134), shall be 15 years or after completion of basic education, whichever is later. The Committee also notes that, according to section 59 of the Employers and Employed Act, any person of 14 years and above may apprentice himself to any trade or employment. However, according to section 57 of this Act, the father or the guardian of a child above the age of 12 years may, with the consent of that child, apprentice such child to trade or employment in which art or skill is required, or as a domestic servant. The Committee recalls that by virtue of Article 6 of the Convention, a young person must be at least 14 years of age to undertake an apprenticeship. The Committee accordingly requests the Government to take the necessary measures to bring the relevant provisions of the Employers and Employed Act into line with Article 6 of the Convention in order to ensure that no child under the age of 14 years undertakes an apprenticeship programme.

Article 7(1) and (3). Age for admission to light work and determination of light work. Section 127 of the Child Rights Act provides that the minimum age for the engagement of a child in light work shall be 13 years. Light work, according to paragraph (2) of section 127, constitutes work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school work. The Committee notes, however, that section 51 of the Employers and Employed Act provides for an exception to children under the age of 12 years to be employed by a member of the family of such a child to engage in light work of an agricultural, horticultural or domestic character and which has been approved by the competent authority. This section further provides that a child shall not be employed before 6 a.m. and after 8 p.m. and, on any day, not for more than two hours a day and shall not be required to lift, carry or move anything so heavy as to be likely to cause injury to him.

The Committee recalls that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to bring the relevant provisions of the Employers and Employed Act into conformity with the Convention by permitting employment in light work only for children who have reached the age of 13 years.

Article 8. Artistic performance. According to the Government’s report, Sierra Leone has not applied any of the exceptions provided under Article 8 of the Convention. Nonetheless, section 29 of the Child Rights Act provides that no person shall deprive a child (defined as persons under the age of 18 years) the right to participate in sports or in cultural and artistic activities or other leisure activities. The Committee requests the Government to indicate whether in practice children below 15 years of age participate in artistic performances. If so, the Committee reminds the Government of the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the minimum age, who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Such permits shall limit the hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee requests the Government to indicate the measures taken in this regard.

Article 9(1). Penalties. The Committee notes that section 131 of the Child Rights Act provides that any person who contravenes the provisions of Part VIII of the Act related to the employment of children shall be liable to a fine not exceeding 10 million Sierra Leonean leones (SLL) (equivalent to approximately US$2,320) or to imprisonment for a term not exceeding two years or to both. With regard to penalties under the Employers and Employed Act, section 86 states that any person who fails to comply with the provisions of this Act shall be deemed to have committed an offence and shall be liable to a fine of 50 pounds (about US$81), or to imprisonment with or without hard labour, for six months, or to both such fine and imprisonment. The Committee requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that according to section 130(1) of the Child Rights Act, an employer in any industrial undertaking shall keep a register of the children and young persons employed by him/her indicating their ages or dates of birth or of their apparent ages if their dates of birth are not known. Section 131(2) of the Child Rights Act further provides that any person who violates the provisions of section 130(1) shall be punished with a fine not exceeding SLL500,000.

Part III of the report form. Labour inspectorate. The Committee notes that according to the provisions of section 132 of the Child Rights Act, a district labour officer shall carry out an inquiry he may consider necessary in order to satisfy himself that the provisions of Part VIII of the Act dealing with the employment of children and young persons in the formal economy are being strictly observed. For the purposes of this section, any person may be interrogated by the district labour officer. Furthermore, if a district labour officer is reasonably satisfied that the provisions of this Part are not being complied with, he shall report the matter to the police who shall investigate the matter and take the appropriate steps to prosecute the offender. The Committee also notes that similar provisions are laid down under section 133 of the Child Rights Act with regard to the enforcement of the provisions related to the employment of children in the informal economy by the District Council.

The Committee notes the Government’s information that the Child Labour Unit established within the MLSS is also mandated to monitor child labour in workplaces. In addition, the Ministries of Social Welfare; Gender and Children’s Affairs; Local Government and Internal Affairs; and Education, Science and Technology also identify and refer cases of child labour to the appropriate authorities. The Government’s report further indicates that the inspections carried out in the formal sector indicated the non-existence of child labour. However, the Government’s report states that only limited inspections are carried out in the informal economy and therefore no relevant data on child labour in this sector are available. Moreover, the Government states in its report that the labour inspectors, investigators and other key enforcement agencies are still operating on old legislations and they lack proper training on child labour monitoring. Furthermore, the Committee notes that, in its comments of 2012 under Convention No. 81, the Committee had noted that the labour inspectorate in Sierra Leone was practically inoperative. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate, by increasing the number of labour inspectors, providing them with additional means and resources as well as providing them with adequate training to ensure the effective monitoring of children working in the formal as well as in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also requests the Government to provide information on the functioning of the Child Labour Units with regard to the child labour inspections carried out and on the number and the nature of violations detected. The Committee finally requests the Government to provide information on the number of cases of child labour that has been identified by the various ministries.

Part V of the report form. Application of the Convention in practice. The Committee notes from the ILO–TACKLE project report that the TACKLE and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) conducted a National Child Labour Survey in 2010–11 in Sierra Leone, the report of which has not yet been published. The Committee requests the Government to supply a copy of the results of the National Child Labour Survey, once made available. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

Minimum Age Convention, 1973 (No. 138) - Sierra Leone (RATIFICATION: 2011)

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